The Department of State Services (DSS) on Tuesday, November 3, 2026, urged the Federal High Court in Abuja to set aside a subpoena seeking to compel its lead counsel, Akinlolu Kehinde, SAN, to testify as a defense witness in the trial of Omoyele Sowore, the presidential candidate of the African Action Congress (AAC).
Sowore is currently being prosecuted over allegations of cyberbullying targeted at President Bola Tinubu.
During the proceedings presided over by Justice Mohammed Garba Umar, counsel representing the DSS, Kenneth Cyril-Ita, submitted a motion on notice challenging the execution of the subpoena.
Cyril-Ita argued that the politician’s attempt to turn the lead prosecutor into his witness is a calculated ploy to delay the ongoing trial and deprive the government of its chosen legal representation.
“By not setting aside the subpoena, the Court is being invited to deprive the Federal Republic of Nigeria a counsel of its choice in the prosecution of the matter, as counsel cannot be a witness and counsel at the same time in the same matter,” Cyril-Ita argued before the court.
The DSS counsel further contended that the evidence Sowore intends to extract from the prosecution’s lawyer is completely irrelevant to the cyberbullying charges and falls under the restrictions of Section 83(3) of the Evidence Act. He refuted claims that the prosecution intended to seek an adjournment until 2027, describing the application as an abuse of court process issued in bad faith.
Responding on behalf of the defense, Ruben Adakole, standing in for Sowore’s lead counsel Adeyinka Olumide-Fusika, SAN, asked the court to uphold the subpoena and compel the DSS lead prosecutor to take the stand as requested by the defendant.
After hearing arguments from both legal teams on Tuesday, Justice Umar adjourned the matter until November 9, 2026, when the court will deliver its ruling on whether to nullify the subpoena or order the lead prosecutor to testify.
